Malema stands accused of raping a UB student (name withheld), then 18 at the time, on January 9, 2024. It is alleged that the now-retired lecturer sexually violated the complainant when she had gone to the accused’s office to enquire about her marks. Appearing before the Extension II Magistrate Court today for continuation of trial, the State indicated that it has an intention to introduce a new state witness who is an expert in clinical psychology.
Defence Counsel Busang Manewe challenged the application made by the State, rendering it inadmissible on numerous grounds, the core of which he argued were ambush tactics. “We confirm that we are objecting to the calling of this witness, and the court should dismiss the application,” Manewe said. Manewe stressed that it is not procedural for the State to introduce a witness midway through the trial as a prejudice, putting them in back foot.
“This is a criminal trial, a very serious one which the maximum sentence can be life. It is trite as per the Constitution that the accused has the right to be afforded all the relevant documents that are for this case and should be done so before the commencement of the trial,” he said. Moreover, Manewe cried foul, stating that these are just backhand tactics by the prosecution to deny his client (Malema) the right to a fair trial.
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“The defence needs to have all facilities to consult, formulate a defence strategy, and a proper and effective defence. This is just prejudice on my client, which he will suffer,” he said. Furthermore, Manewe said he is baffled about the State’s 360-degree turn to include this expert witness despite being aware of her from the get-go, questioning if it was just underhanded tactics from the prosecution.
“The witness appears to have been there all the time, known to the State, but the State decided to play ambush. The State has given me the report of this expert, and it is apparent that this witness met the complainant from January 11, 2024, to May 25, way before the trial,” Manewe argued. Manewe further submitted that the State is just trying to save face, realising how the case is in shambles.
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